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Supreme Court of India 2020-01-08 allowed

M.ARUMUGAM vs AMMANIAMMAL AND ORS

Bench: 2 — Deepak Gupta, S. Abdul Nazeer

In Brief

A widow of a deceased coparcener filed suit seeking partition of inherited property. The defendants (her sons) claimed she had executed a release deed relinquishing her daughters' shares. The High Court held the deed void. The Supreme Court allowed the appeal, holding that property inherited under the Hindu Succession Act by multiple heirs is held as tenants-in-common, not joint family property. A natural guardian may execute such dispositions; they are voidable, not void, and must be challenged within three years of the minor attaining majority. The plaintiff's failure to challenge the deed within the limitation period was fatal to her claim.

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Hindu Law Family Law Succession Coparcenary Guardianship Property Rights Civil Procedure

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